A New Route for Redress in the Samarco Case? An Overview of the Simplified Indemnification System’s (Un)Lawfulness

On 5 November 2015, the Fundão Dam collapsed, causing most devastating tailings dam disaster to date. The was operated by Samarco S.A., a joint venture Vale, Brazil’s biggest mining company, and BHP Billiton, world’s largest company. 1 Its travelled down Doce River for ca 700 kilometres until they reached ocean, affecting 42 municipalities, two states, thousands of communities along way. caused myriad social, environmental economic impacts: nineteen individuals were killed, endured physical or psychological harm; water resources soil polluted; habitats irreversibly destroyed; local economy suffered long-lasting damage. Traditional indigenous especially harmed, as their historical, religious cultural relationships with land led even more profound harms. 2